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sehinchee

Second Class Petty Officers
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Everything posted by sehinchee

  1. If I lose my job, how difficult would it be to get TDIU granted?
  2. Yes, they gave me 70% for mood disorder/depression, and I am also 30% for total knee replacement. I see a Clinical Psychologist every 8 weeks, take my meds, and go to anger management classes when I can. I am very sorry to hear about the VA mistreating so many vets, but they have been very good to me. On the advice of my VSO, I enrolled in the VA health care system in January of this year. At my initial screening, a MH nurse evaluated my mental condition by asking me some basic questions. He said that my long history of chronic pain and anger issues could be a sign of trouble, and set me up with a nurse practitioner. I saw her twice, and she determined that I had the signs of severe depression. I faxed the progress notes from those two visits to my VSO and he did the rest. I am now under the care of a Clinical Psychologist and looking forward to making progress. I do have to go for a re-eval in 12 months, but my VSO told me that this is SOP for MH claims.
  3. 101 days after filing for an increase, the money is in my bank account. Thank you to everyone at Hadit for your help!!!
  4. Just got word from my VSO at the St. Pete RO, “Unofficially” 70%.
  5. Well, As it turns out, prior to the C&P exam, I had been seeing a NP instead of a clinical psychologist. At the C&P exam I spoke with a true clinical psychologist who really seemed genuinely concerned for my well being. Of course I got the “how are you doing” question, to which I replied “better that I deserve”. The C&P seemed fairly straight forward, I did not ask for her opinion but she said that depression is very common for people suffering from chronic pain. I did get a copy of the progress reports from the meeting with the NP, both have GAF’s of 48. She also increased to dosage of venlafaxin.
  6. Hello, I received word that I have been approved for the annual clothing allowance. Does anyone know when this is paid?
  7. So I get a call from my local VA clinic and they need to schedule a C&P exam for my depression. Since my depression has already been dianosed as secondary to my SC knee replacement, why do they nedd to do a C&P? Also, as I am currently on a treatment plan and taking medication for depression, what do I tell the examiner?
  8. I had a total knee replacement in December of 06 at 40 years old. I am presently rated at 30%, which is the minimum rating for a TKR. You must understand that TKR are never advertised as a perfect solution. I still have some pain, swelling, and instability, but the osteoarthritis pain is gone. I NOD’d (which I have attached) the initial claim and asked for a higher rating, but had no success. I sent in letters from co-workers as well as my doctor and wife, all to no avail. In the denial the VA stated that the lay evidence was credible, but they needed objective proof (i.e test results, x-rays) to increase my rating. I would not let them do a second replacement unless absolutely necessary because the chances of success drop drastically with each successive replacement. NOTICE_OF_DISAGREEMENT1.pdf
  9. I have a full time job, most of the symptoms reflect problems with my family life (wife and kids), which are pretty bad. I looked at the DC and figured I would get 30%
  10. How much weight does the GAF score have with the raters? I have been diagnosed with a mood disorder secondary to my SC condition. My GAF score is 48 and I have been put on Venlafaxine. My VSO filed a claim for me, as the diagnosis clearly states that the mood disorder is secondary to my SC condition. Anyone have any idea what I should expect?
  11. Well, after re-reading the SOC again and again, the conclusion that I have come up with is that I am rated correctly at 30%. I may have a shot at being rated under DC 5257 for lateral instability, if I can get the proper tests done. The test mentioned in the SOC are very simple tests that I have had done many times, and I have an appointment Friday to get them done again. I will then have my Ortho doc give me a letter the states something like: I performed a Lachman’s test on the vets right knee. The vets right knee is experiencing lateral instability with a range of motion between 5mm to 7mm. NOW, I called the 1-800 number and asked if the DRO would look at the test results. The answer I got was that they would look at additional evidence and if it is enough for them to change the DRO’s ruling they will do so. Bottom line is they told me that it can still be done at the RO level. I waited almost a year for this DRO review,, does anyone know if this set back will put me at the end of the line again?
  12. Here is what they sent me, I can get the test results (Lachman's and Drawer) they are looking for, but do I have to wait for a BVA hearing to get someone to look at the? SOC.pdf
  13. I am SC'd 30% for knee replacement, I asked for an additional rating for instability. They denied the additional rating
  14. Berta, I didn't think you could Request Reconsideration of a DRO review? If I can, I will simply have my Ortho doc perform the required test and submit the evidence. The SOC also said theat the new evidence I submitted is credible and valid, but without the medical evidence (test results) they are useless for assigning a rating. Does this make sense?
  15. They said there is no medical evidence in my file to support my request: I guess an IMO is not considered medical evidence. It does say that DC 5257 (instability in the knee) is verified by a Lachman's test. The SOC even gives me the criteria for mild, moderate and severe.
  16. Read and understand the codes that apply to the knees. Make sure you understand about functional loss and the Deluca factors. The best advise I can give you is to go to the VA web site and search BVA appeals reguarding the knees. These do not sent precident, but they provide good guidance on how the codes are applied.
  17. What are the guidelines for establishing a secondary condition? I injured my knee in BCT and I am service connected for a total knee replacement (dc 5055). I have had arthroscopic surgery which revealed arthritis in the other knee. Would this be SC’d as a secondary condition?
  18. Understand, My permanent rating is 30%. My filing date is 8-27-07, and I am currently rated at 30% I have filed a NOD asking for a higher rating. I have documentation that proves ( through range of motion) I would be rated higher that 30% on 8-27-06 (12 months prior to my filing date) Does this make sense or am I missing something?
  19. If you NOD an initial decision asking for higher rating, is this considered an increase? I ask this because the effective date of an increase can be retro up to 12 months, if medical evidence supports the claim. If it is not considered an increase then the EED would be the filing date. Here is the example from the VA website. "If VA increases my disability rating or adds another disability, when will my increased benefits be effective? The effective date for your increased benefits will be the date VA receives your claim for an increase or a new disability. NOTE: VA may award an earlier effective date for an individual evaluation of a current service-connected disability if the medical evidence reveals that there is an increase in the veteran's disability and a claim is received within one year. For example, if there is medical evidence to show that the veteran's service-connected left knee arthritis was worse on June 13, 2005, and we receive a claim for an increased evaluation for the veteran's left knee arthritis on December 6, 2005, then the effective date for the increased evaluation will be June 13, 2005." Has anyone ever had experience with this? I am currently rated under 5055 which provide 100% for 12 months after the replacement surgery, and a minimum 30% after 12 months. I recieved 5 months @100% because I filed 7 monthst after the surgery.
  20. Pete & Ron What was the time frame between your NOD filing and your DRO review?
  21. Actually, I am not sure if painful motion is rateable by itself. What I was refering to is similar to my situation. I had knee replacement surgery for whic I am rated 30%. During the C&P the doc sat me on a table and tested my ROM, which was good. The problem is that the knee is a weight bearing joint, which can have pain free range of motion when not bearing weight, but the same knee can be quite painful when doing simple weight bearing tasks such as walking or squatting. Hence the functional loss.
  22. try functional loss CFR 38 4.40 along with the range of motion regs
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